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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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What is the ruling on one who prevents daughters from receiving their inheritance rights on the pretext that they are forgiving their brothers of that inheritance?

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The questioner : Shaykh, regarding the issue of inheritance, it is well known, especially in some countries, including our own, unfortunately, that the wealth of women is consumed, of course, through shaming or other means. But sometimes it appears that the women, for example, say that we are forgiving them. It might be, for example, a lot of land, or a house that, if sold, would bring in a certain amount. They, for example, say: We are forgiving them. Of course, I think this matter is not permissible.

The Shaykh : Of course, no...

The questioner: Yes.

The Shaykh : ...that it will make the people with rights say with their tongues what is not in their hearts. The evidence for this is that if a sincere advisor and defender of their rights were provided to them, they would raise their voices, and their inner state, if not their spoken words, would be: "That is what we want." And so, I imagine that if you were to be alone with your sisters and speak to them frankly, and part of that frankness is explaining the legal ruling to them, they are, of course, supposed not to be unaware of it, but at least you would confirm the legal ruling for them: that there is no difference between male and female in terms of sharing in the inheritance, regardless of the principle of His saying (Exalted is He):
for the male, what is equal to the share of two females لِلذَّكَرِ مِثْلُ حَظِّ الْأُنْثَيَيْنِ
[An-Nisa 4:11]
. So when you confirm the idea or the legal ruling for them, and you tell them that you do not have to submit to pre-Islamic ignorance, because this is from the pre-Islamic inheritance where they used to oppress women and not treat them as human beings, the infection spread to some of the ignorant people and became a law that must be followed. The evidence for this is that these girls in this entire society are silent. So if you remind them of this matter and tell them that the issue now concerns me, and I do not want to wrong you of your right, what is your opinion?
So try, as they say, to spread the carpet; meaning, speak with complete frankness. And at that point, in my belief, you will hear that they desire to obtain their legal right. And based on what you hear from them, you can then agree with your brother. And before the agreement, you must raise the issue among all the brothers, the men, that they give their sisters their rights. Because in my belief, if you take on this matter, you will suffer great injustice. I mean, in my ignorance of the value of the inherited land, you will not be able to satisfy everyone. So based on what develops with you, you can decide whether to proceed with the purchase or not.

The questioner : Let us suppose they said: We are forgiving them. I mean, on the assumption, of course; I mean, let us assume this assumption. I mean, is this after I have explained to them that the position is such and such?

The Shaykh : I said, I performed this explanation and detailing, and yet they insist on that statement. There is no room for more than that. Have you not opened up his heart? There is no way. But we say this explanation is to encourage them to be frank about what is in their hearts. If this explanation does not help and they continue to say: We are forgiving them, well, the truth is the matter requires back and forth. For example, if they say: We are forgiving them, why are they forgiving them? Why are they forgiving them? Now, if your brother came and took, for example, a bracelet from your hand, or a dinar from your safe, would you not claim your right or say you forgive him? I do not think they would say they are forgiving! What is the difference between this and that? The person continues to pursue the one who says he is forgiving until he extracts what is in his heart completely. But in the end, you will not hear anything but "forgiving, forgiving." At that point, the matter is finished.

Another questioner : Shaykh... a social shock now; if the woman says: I want my right, then there will be boycotts, and they will visit her and not visit her.

Another questioner : And she will cry.

Another questioner : That is why she is afraid.

The Shaykh : I know, that is why we need to record these statements.

Another questioner : She has wronged her family... how can she do this act? By Allah, it is greater...
Source www.al-albany.com

The Arabic text is copied verbatim from the original source, without any edits.

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